Today is 10 weeks since my surgery ... and my doctor says I'm 80% recovered ... and that the remaining 20% will take a lot longer. Of course, everyone's path of recovery is different. But, I'm pleased and have now been given my "exit pass from jail." Meaning I can drive once again. Driving Miss Daisy was a great movie, but I'm ready to give up the role of Miss Daisy.

The answer is no – to no contest pleas from accused lawyers. So says the State Bar of California.

Although a no contest plea – also called a nolo contendere plea – had in the past been commonly accepted in state disciplinary proceedings against lawyers, that changed under the leadership of the current chief trial counsel.

Part of the rationale for this new thinking is that lawyers need to take responsibility for their actions. However, other than civil damages, the effect of a nolo contendere plea is the same as that of a guilty plea-and punishment is no less.

The other part of the rationale for this new anti-no-contest-plea thinking is that there is no requirement for the state bar to accept a nolo contendere plea. However, the fact is that settlement benefits everyone because it saves time and money. Most criminal prosecutors will negotiate with accused offenders. Obviously, this is done to move the trial court calendar along and eliminate the need to tie up resources that could be used elsewhere. Even in civil matters, parties negotiate settlements in order to achieve reasonable business outcomes and move on with life.

In some civil instances, an insurance company has been known to say that it will not settle at all, that everything will have to go to trial. This clearly delays the outcomes-and enables the insurance carrier to withhold payment for some time. I have not seen any studies about the merits of such a tactic from the carrier's perspective. It does, however, frustrate plaintiffs, and frustration without economic benefit is hardly a good business outcome.

This is just one more example of the California State Bar's new adversarial attitude toward its members. Although the new directive of the state bar is intended solely to protect the public (not help its members, who pay all the expenses of the bar), one has to wonder how the public is being helped by this new approach.

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